1.1 When you create an account to use our service, you agree to use the service in accordance with the following terms.
1.2 These terms supplement the OpenAI terms for the use of the OpenAI services, which apply in full alongside these terms in the relationship between you and us. This applies in particular, but not exclusively, to the OpenAI Terms of Use, Usage Policies, and the Sharing and Publication Policy of OpenAI. You can find these OpenAI documents at:
1.3 To the extent there are conflicts between the provisions of the OpenAI Terms of Use and our terms, our terms shall prevail.
We are < Name, Address to be inserted >
3.1 We offer a platform for virtual tutoring using artificial intelligence. To this end, we provide you with a chat environment. You can use this environment to submit inputs (“Input”) in the form of questions consisting of text, images, video, or audio on educational content. In response, you receive outputs (“Output”) in the form of answers generated by an AI, represented by an avatar in human form, tailored to the age you provided when creating the account and based on your inputs.
3.2 Our service uses the OpenAI API. You have no entitlement to the use of a specific OpenAI model.
3.3 The OpenAI services are based on systems that learn automatically and generate an output based on probabilities, which best matches your input according to the information stored in the system. While it is very likely that the answer to a question is accurate, no guarantee can be made that this is always the case.
4.1Our service is directed only at persons who are at least 13 years old.
4.2If you are older than 13 but not yet 18 years old, you may only create a user account with us with the consent of your parents.
4.3Your information provided when creating a user account must be truthful and complete.
4.4You can initially create the user account free of charge. Within the free user account, you have one chat per subject in the school subjects and may make up to
4.5To expand the range of use, you can subscribe to one of the paid subscriptions we offer. The paid subscriptions allow an expansion of the school subjects, chats per subject, the number of inputs (“Prompts”), and customization of the avatars. The scope of services for the respective subscription is available before the paid conclusion.
4.6The technical requirements for use can be found in our documentation and the information in the app store compatible with your device. Our documentation is available at: < insert link >
5.1 You undertake to use our service only for private purposes and only for educational purposes. You must not share your user account with third parties. However, you may permit your children to use your account under your supervision.
5.2You undertake to use personal information as input to our service only if it is necessary for educational purposes. For example, you may use the name of a politician as input to learn about their party affiliation or government participation. However, you may not use the name of a schoolmate as input.
5.3You undertake not to make inputs that generate outputs that are unlawful or otherwise prohibited, or that facilitate or enable unlawful or otherwise prohibited activities. In particular, the following are prohibited:
5.4You undertake to use only inputs that comply with the OpenAI Usage Policies: https://openai.com/de-DE/policies/usage-policies/
5.5You undertake to make outputs accessible to third parties only for learning purposes within the family or close private circle. If justified interests in individual cases justify sharing outputs on social media, you must comply with the OpenAI Sharing and Publication Policy: https://openai.com/policies/sharing-publication-policy/
5.6You undertake to use only inputs for which you are also authorized. For example, you must not fully copy copyrighted novels and use them as part of your input.
6.1 The provision of the service is subject to the availability of the OpenAI services.
6.2 We continuously work to improve our service in terms of timeliness, accuracy, and appropriateness of age-appropriate language to provide you with our service in the best possible quality according to the state of the art. However, we do not guarantee this. The provision is only required to correspond to the state of the art quantitatively (e.g., error rate of the output) and qualitatively (e.g., age-appropriate language of the output).
7.1The prices of the paid accounts vary depending on the term. You can find the price for the respective subscription before the paid conclusion.
7.2Payment is based on the payment method selected for the respective subscription and the applicable terms and conditions of the payment service provider Stripe. You can find the terms at: https://stripe.com/de/legal/consumer
7.3 Payment must be made in advance for the respective contract term.
8.1The free user account can be terminated at any time without notice by deleting the account. You can delete your account here: < insert link >
You can delete your user account only after the end of a paid subscription.
8.2 The term of the paid subscriptions is determined by the subscription concluded. You can cancel a paid subscription at any time to the end of the current term. You can cancel your subscription here: < insert link >
If you effectively terminate the contract, your user account will be converted to a free user account at the end of the current term.
8.3If no termination occurs by the end of the current term, the paid subscription is automatically renewed for the term of the current subscription under the same conditions.
8.4You may terminate the contract extraordinarily for cause at any time by stating the reason via the link under section 8.2. Termination becomes effective immediately if the reason exists and justifies termination. Payments already made for any remaining term will be refunded to you via your originally used payment method.
8.5We may terminate the contract extraordinarily if you violate the usage provisions under section 5. Payments already made for any remaining term will be refunded to you via your originally used payment method.
9.1You have the right to withdraw your paid subscription within fourteen days without giving reasons.
9.2 The withdrawal period is fourteen days from the date of conclusion of the subscription.
9.3To exercise your right of withdrawal, you must inform us (< Name, Address to be inserted >) of your decision to withdraw from this contract by means of an unequivocal declaration (e.g., a letter sent by post or an email). You may use the attached model withdrawal form (< insert link >), but it is not mandatory.
9.4To meet the withdrawal deadline, it is sufficient that you send the communication exercising your right of withdrawal before the withdrawal period expires.
9.5If you withdraw from your subscription, we will reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from your chosen form of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive your notification of withdrawal of your subscription. We will use the same payment method for this reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement.
9.6If you have requested that the services begin during the withdrawal period, you must pay us an amount proportionate to the services provided up to the time you informed us of the exercise of the right of withdrawal in relation to the total services provided under the subscription.
10.1Our liability for damages to you is limited to cases in which we have acted with gross negligence or have violated our cardinal obligations to you. Cardinal obligations include, in particular, the provision of our service in accordance with the state of the art. Additionally, we are liable in the event of injury to life, limb, or health.
10.2 The statutory provisions on product liability apply.
We do not acquire any rights to the inputs and outputs in the context of using our service. You retain your rights to the inputs to the extent such rights exist, and you also hold any rights to the outputs.